Anaheim Council Agreed to Another Developer Subsidy

From The Voice of OC:

Anyone who's read the public agenda for tonight's Anaheim City Council meeting knows that a vote on a controversial $158-million room tax subsidy for developer of two planned four-star hotels at the GardenWalk outdoor mall is expected.

But known to only a few is that in recent weeks the City Council quietly approved a legal settlement that in essence grants another large subsidy – this time to the owners of the mall.

The settlement, which the Council voted on in closed session, calls for the mall owners, Anaheim Capital Partners, LLC, to receive up to 50 percent of the city's portion of sales tax revenue generated by the mall for the next 25 years. This fiscal year, the owners get 30 percent, and going forward the subsidy could be worth tens of millions of dollars.

In exchange for the sales tax revenue, Anaheim Capital Partners dropped a claim on the room tax revenue generated by the hotels, effectively clearing the way for that money to be handed over to the developers of the hotel, which include hotelier Bill O'Connell.

Read the full story here:

http://www.voiceofoc.org/oc_north/article_bd149a84-bcaa-11e2-9d5b-0019bb2963f4.html

Tripling Down on Stupid: The Gardenwalk Giveaway

From the OJ Blog:

A developer in Anaheim wants to build two four star hotels on the Gardenwalk parcel near Disneyland in the Anaheim resort district.  The developer claims the market economics makes the project not feasible.  To assist in making the project feasible, the city will provide economic assistance in the form of $158 million in rerouted tax proceeds after construction of the hotel(s).  This equates to roughly $46.6 million in today’s dollars as the total assistance package is expected to run over twenty years (a dollar collected tomorrow isn’t as valuable as a dollar collected today.)

Save Anaheim PAC ran this ad in response to an ad placed by Kris Murray in the OC Register during the last election.

The city’s analysis claims the $46.6 million is roughly 16% of the development cost, which puts the capital required to execute the project at roughly $300 million. That’s quite a bit of money for the private sector to invest in the resort area.  From the $300 million, construction jobs will create permanent hospitality jobs including chefs, housekeepers, waiters, valets, office staff, receptionists, engineers, craft persons, salespersons, and of course—management.  The investment provides clear and demonstrative public benefit, including increased property tax and sales tax collections, which are all very good things.

The construction will also place additional burden on the public electric utility, the water system, create substantial traffic in and out of the resort district, increase pollution, place additional burden on emergency services, and divert land from alternative uses and taxation (i.e. if you build two hotels you can’t build a Walmart.)  All of these items incur a public cost that must be covered by taxes.

Who defines project feasibility and how the term is used is something of an art.  The city’s analysis states the project is $63.1 million (today’s dollars) short.  The package proposed ($46.6MM) still leaves a gap of $16.5 million.  There’s no mention as to how that $16.5 million will be closed.

There’s the first dose of stupidity, right there.  Based on what the public has in front of us, we’re being told that someone wants to pony up almost $300 million for a project, even with public assistance, will return 18% below what’s acceptable.

Bill O'Connell as the "Master of the House" from Les Miserables.

Think about that for a second.

According to the city’s analysis, after construction, the two combined hotels will produce a profit of $27 million a year.  Apparently, that’s not good enough.

Why it’s not good enough is a bit of a complicated question, but it has to do with alternative opportunities for capital.  Based on a bunch of assumptions, the city’s consultant concludes that a reasonable investor would be willing to pony up $220 million to build this project . . . not the near $300 million our current estimate is.  Our public assistance isn’t what’s required to break even . . . it’s what’s required for the investor to get his 13% return.

Read the full story here:

http://www.orangejuiceblog.com/2013/05/tripling-down-on-stupid-the-gardenwalk-giveaway1/

Anaheim council hears opposition to hotel subsidy

From The OC Register (with Save Anaheim commentary):

ANAHEIM – Several hours of debate continued late Tuesday night over a revised $158 million bed-tax subsidy to assist the developer of two new luxury hotels at The Shops at Anaheim GardenWalk.

As of 9:30 p.m., the City Council had not reached a decision about the tax incentive, mostly due to the dozens of residents who spoke against the plan. If the plan is approved, developer Bill O'Connell Sr., will receive 70 percent of the project's room taxes from when the first hotel opens in 2016 through 2042, or until he has been paid $158 million. Ten percent of the occupancy taxes generated by the anticipated four-star-caliber hotels would be placed in the city's coffers, while the remaining 20 percent would pay off bonds that funded improvements to Anaheim's resort district in 1997.

"Handing over $158 million is not only unfair to other hotel operators that are paying the bed tax, it is especially unfair to the residents of Anaheim," Rick Skinner of Anaheim told the council during public comment.

Other opponents, such as Yesenia Rojas of Anaheim, said any bed-tax revenues raised by the two hotels should be spent on helping the residents of Anna Drive, where a police-involved shooting last summer sparked days of unrest downtown.

"We have been told there are not enough community programs to help our Anna Drive neighborhood, but you have $158 million of our money to give away without helping out the poorest area of Anaheim," Rojas told the council.

An Orange County Superior Court judge ruled in December that the council violated the state's open-meeting law when it narrowly approved a $158 million subsidy that would have allowed the GardenWalk hotel developer to keep 80 percent of the project's bed taxes for up to 15 years, with the remaining 20 percent going toward the resort-bond debt and nothing set aside for the city's general budget.

"I would not have voted for it last year, but this plan is different," Anaheim City Councilwoman Lucille Kring said. How is this plan different? It is the same $158 million GIVEAWAY with no community benefits.

O'Connell and city staffers said the subsidy is needed so that Anaheim can compete with surrounding cities that lure high-spending tourists wanting to stay in luxury hotels.

"The people who are opposed to this act like the city is writing a check to me," said O'Connell, who plans on spending $283 million to build the hotels. That is a lie Mr. O'Connell. The City of Anaheim will write a check over the duration of the agreement directly to you.

"This is a completely different plan that I believe is win-win for the project and the city because no revenue is coming out of this until the hotels get built," O'Connell said. "We want to move forward, build these hotels, create some jobs and generate some revenue for the city." This is the same plan Mr. O'Connell.

Mayor Tait's message to Anaheim residents

This robo call went out today from Mayor Tom Tait:

At tomorrow's City Council meeting, special interests and lobbyists are returning to ask taxpayers to subsidize two luxury hotels.  If passed, our city will be forced to pay one developer 158 million dollars over the next 29 years, taking away money meant for vital city services such as police, fire protection and libraries.   If you oppose this as I do, please call City Hall at 

714-765-5247

to express your views.  Thank you.  My committee Tom Tait for Mayor 2014 has paid for this call.

GardenWalk Hotel HISTORY: $158 million Giveaway RETURNS

Next Tuesday, May 14th the city council majority led by Kris Murray is going to try and reinstate this outrageous giveaway. Please take the next 6 minutes to view the video below from the initial council vote in January 2012.

Check back daily for updates on the upcoming reinstatement of the $158 million GardenWalk Hotel GIVEAWAY scheduled for this Tuesday, April 30th.

SOAR = Sucking Out Anaheim Resources

SOAR claims that "Anaheim residents and neighborhoods and residents are the biggest beneficiary of tax revenue generate by visitors to the Resort District."

From www.soaranaheim.com - click to enlarge

The truth is that over 50% of the TOT revenue generate goes back to the Resort to pay off debt obligations. Now they want to suck $158 million in future TOT revenue to help former Mayor Curt Pringle's client Bill O'Connell build two luxury hotels at the failed GardenWalk mall. A move OC Supervisor Shawn Nelson opposes:

GardenWalk Hotels - 7 years behind schedule

From the OC Register (Save Anaheim comments in bold):

ANAHEIM – A developer may wait up to two years to begin construction on a pair of luxury hotels at a Disney-area mall with the final project slated to wrap up by mid-2022 -- seven years behind schedule.

Bill O'Connel as the Master of the House

The Anaheim Planning Commission is scheduled Monday to consider whether to split two proposed GardenWalk hotels into separate phases. If approved, construction of the first hotel wouldn't begin until May 2015, while work on the second hotel would be pushed back to November 2019. Why is the planning commission even considering this when the developer has no financing or subsidy deal in place?

A developer plans to build hotels at the Anaheim GardenWalk property, seen in 2010.

Concurrent construction of the hotels was initially scheduled to begin this May and completed by November 2015.

The postponement is needed "because current economic conditions have made securing financing for the construction of the hotels extremely difficult," wrote Ajesh Patel, manager of GarenWalk Hotel LLC, in a letter delivered in February to Anaheim's planning department. Funny, Larry Lake was able to secure financing without taxpayer funded subsidies. Also, where is the study that shows financing is still difficult to obtain? Are we just to take Mr. Patel's word on it?

Patel said his company remains committed to the project, but that it would be "impossible" to meet the current schedule.

An Orange County Superior Court judge ruled last December that the Anaheim City Council violated the state's open-meetings law when it approved a tax subsidy of up to $158 million for the developer of the GardenWalk hotels.

The deal was advertised only as a "discussion" item on the council's agenda in January 2012. Opponents called the plan a "giveaway," while supporters said it was needed as a way to lure high-spending tourists wanting to stay in four- to five-star quality hotels.

A proposed subsidy plan is expected to come back before the City Council later this month, according to a planning commission report.

The Planning Commission meeting is set for 5 p.m. Monday at Anaheim City Hall, 200 S. Anaheim Blvd.

Save Anaheim PAC - GardenWalk Giveway returning soon.

On March 21st in anticipation of the return of the $158 million GardenWalk Giveaway, the Save Anaheim PAC ran this full page ad in the OC Register.

Special thanks to Brian Chuchua for partially funding the ad.

Click to enlarge

2 Hotels without a subsidy coming to Disney area!

From the OC Register:

ANAHEIM – Two new hotels will rise up soon from a key intersection near Disneyland.

The Planning Commission this week unanimously approved two hotels, each with a drugstore, on Harbor Boulevard and Katella Avenue. No City Council approval is required, unless there are appeals on the Monday night decision.

A 172-room Springhill Suites by Marriott with a CVS Pharmacy on the ground floor would be built on a parcel that included a vacant lot where a service station used to run. The neighboring Jolly Roger hotel property would shrink. The back of the project would sit next to the Convention Center's parking lot.

Across Harbor Boulevard, the commission supported a scaled-back plan for a hotel on the southeast corner: a five-story, Hyatt House would include 252 rooms, designed with kitchenettes for longer stays. A Walgreens, coffee shop and restaurant would be on the ground floor.

Previously, the developer proposed a nine-story, Las Vegas-style hotel with a nightclub that was approved in 2009. But the developer was unable to get financing.

The Hyatt is expected to break ground within a year; it is unclear when construction will begin on the other.

Anti-Anaheim Blog

Many of you know that another Anaheim centric blog exists. I won't point you in their direction unless you enjoy reading fiction. But I would like to share something a commentator wrote in response to this:

Bill O'Connell

Bill O'Connell

"I have supported this agreement from the beginning as something that will generate job, economic growth and increased city revenues in the long-run. Even those who oppose subsidies or “picking winners and losers”  on principle can admit that the economic return of the GardenWalk agreement exceeds the cost to taxpayers. I’d go further and argue there is no cost to taxpayers because if this agreement isn’t approved, the GardenWalk project dies and there won’t be any TOT revenue to share. If it is approved, the GardenWalk TOT being shared is revenue that hadn’t been going into city coffers and so nothing is being “taken.” Furthermore, a permanent, long-term stream of additional TOT revenue will be established."

The commentator Biff responded with:

I'd go further and argue there is no cost to taxpayers because if this agreement isn’t approved, the GardenWalk project dies and there won’t be any TOT revenue to share.

Right, because if McConnell’s project fails, certainly nobody will ever attempt to build something on these empty parcels that just happen to be a block away from one of the most-visited tourist attractions in the world. It’ll be the haunted elephant graveyard of abandoned building sites!

I’ve never understood project backers’ behaving as though this particular project, with this particular financial arrangement, is the only shot this property has (or their lionization of Bill McConnell for bringing it to the table; it’s not like the guy is risking his family fortune to build a hotel on a reclaimed brownfield site in Chowchilla. He’s asking the city to throw in its oversized share to make his sure thing even surer). If another builder comes along who can do the deal without the city support that McConnell requires, it could be a net win for Anaheimers even if it took several years for someone new to come on the scene, as the city would then take in all of the TOT revenue, rather than leaving it encumbered for years as it would be under the McConnell scheme.

Clearly Biff has brain between his shoulders unlike Sandy Day, Matt Cunningham, Curt Pringle, Kris Murray, Gail Eastman, Harry Sidhu, Todd Ament, Jill Kanzler, Reed Royalty, and Jordan Brandman.

Are Tax Dollars Still Needed for Anaheim GardenWalk Hotels?

From The Voice of OC:

Two planned four-star hotels near Anaheim’s GardenWalk mall could be built without taxpayer subsidies in one to two years, according to hotel financing experts, calling into question subsidy supporters’ central argument that the hotels can’t be built without the controversial incentives.

Council members in a 3-2 vote last year approved a room-tax subsidy, which caused a contentious split on the City Council and within the community. For 15 years, the subsidy would have diverted 80 percent of the hotel's room-tax revenue back to a development partnership involving Bill O’Connell, a politically connected hotelier and frequent City Council campaign contributor. The room tax is the city's largest source of revenue.

The developer could have collected up to $158 million in diverted tax revenue under the agreement. It allowed the project’s investor to receive a 16 percent rate of return on the hotels, according to a city staff report.

City Council members favoring the deal said the subsidy would have kick-started construction of the hotels and generated thousands of much needed jobs.

Last month, an Orange County Superior Court judge voided the subsidy on grounds that it violated the state's open meetings law, known as the Ralph M. Brown Act. Judge Steven L. Perk ruled that the subsidy approval was not adequately described as a possibility on the council meeting agenda.

For O'Connell to get his subsidy, City Council members must approve it again. He requested that the subsidy be placed on the Jan. 29 council meeting agenda, but that didn’t happen.

Supporters often argue that the subsidy costs nothing to taxpayers because the money for the subsidy can’t be generated unless the hotels are built and trigger new revenues.

But that argument now has a major flaw, argue experts.

The hotel market is rapidly improving, and a subsidy soon won’t be necessary to secure investment for the project, said one of Orange County’s top hotel real estate consultants and a professor at the country’s top hotel financing school.

“The hotel market has recovered, and revenues are continuing to climb. Lenders have already stepped back into the market and with values of existing older hotels rising rapidly,” wrote Alan Reay, president of Atlas Hospitality Group, in an email to Voice of OC.

Jack Corgell, professor at Cornell University of Hotel Administration, said that subsidies don’t make sense when they won’t be necessary to begin construction.

By waiting an additional year, $158 million in potential room-tax revenue would go to the city’s general fund, Corgell argued.

“The value of waiting an extra year could be substantial to the city,” he said. “Why would you do this now? What’s the urgency?”

Anaheim Chamber of Commerce President Todd Ament, a strong supporter of the subsidy, did not return a phone call seeking comment.

Read the full story here:

http://www.voiceofoc.org/oc_north/anaheim/article_4c9917ea-69e3-11e2-8043-0019bb2963f4.html

Another Shot at Subsidy Deal?

From The Voice of OC

A luxury hotels developer who was set to receive a controversial $158-million tax subsidy from Anaheim until it was voided in court last month is now asking that the City Council give it back. The developer, Bill O’Connell, is requesting that the council consider granting the subsidy at the Jan. 29 council meeting, according to his Jan. 10 letter.

The City Council first granted the subsidy to O’Connell’s partnership, GardenWalk Hotel I, in January 2012. The 3-2 vote revealed a spit on both the City Council and in the community, with neighborhood activists and good-government advocates pitted against a group of construction trade unions and influential business lobbyists closely linked to O’Connell.

Last month, an Orange County Superior Court judge voided the subsidy vote on grounds that it violated the state's open meetings law, known as the Ralph M. Brown Act. Judge Steven L. Perk ruled that the subsidy approval was not adequately described as a possibility on the council meeting agenda.

Read the full article here:

http://www.voiceofoc.org/countywide/this_just_in/article_0267a230-5e68-11e2-b2b5-001a4bcf887a.html

Hotel foes rally against subsidy plan

Bolstered by the news that a developer wants to build a downtown hotel without public money, dozens of people urged the Baltimore City Council yesterday to vote against the mayor's plan to give $25 million in tax breaks to developers of another proposed downtown hotel.

It was a last-ditch, pull-out-the-stops effort from opponents of the Wyndham Inner Harbor East hotel, who for months have used any argument available to try to thwart the city's plan to build the 750-room project.

Read more at:

http://articles.baltimoresun.com/1998-03-12/news/1998071059_1_downtown-hotel-wyndham-large-hotels

Here’s Why It Will Cost $1 Billion in Taxpayer Subsidies

From Ron Kaye LA:

On Tuesday in committee, Councilman Bill Rosendahl passionately raised a lot of questions about why it was necessary to give a $67.3 million subsidy to developers of twin Marriott hotels near LA Live where there already is two more luxurious hotels gettiing nearly $300 million in taxpayer subsidies.

You can listen to key excerpts of what he asked about and how city officials and consultants were unable to answer, question like what do other cities do, how often does a $12 billion corporation like Marriott get public subsidies and, most importantly, when we downtown will stop draining vast sums of tax dollars that should be going to public safety, libraries, parks, regenerating deteriorating neighborhoods and upgrades for aging infrastructure.

Read more at:

http://ronkayela.com/2012/06/heres-why-it-will-cost-1-billion-in-taxpayer-subsidies-to-build-hotel-rooms-for-the-convention-center-and-farmers-field.html

Anaheimers need to VOTE

From the OC Politics Blog:

Matt “Jerbal” Cunningham, paid apologist and Curt Pringle-fanboy is blogging again, this time at the curtly named Anaheim Blog.  Although he lives in Orange, his focus these days is Pringle’s Anaheim — “Civic affairs in OC’s largest city” as he subtitles the Blog.  Jerbal founded the popular “OC Blog” years ago which he later sold so it could morph into the failed “Red County” empire.

The Jerb must have taken some exception to our Monday piece,Updated: “A backroom sweetheart deal”, that agreed with a Register editorial which suggested the $158 million Anaheim bed tax giveaway to a hotel developer ought be approved, or not, by the city taxpayers via one of those costly and annoying elections instead of being put where the sun doesn’t shine by the developer-funded City Council majority.  In Maybe The Packing District Should Be Put On The Ballot?, he writes:

Shouldn’t the “Take Back Anaheim” (sic) be demanding this project be placed before the voters for their approval, since they believe city council government incompetent to make spending decisions absent recourse to the voters (unless, of course, the developer has been shaken down for sufficient goodies).Take Back Anaheimwas behind “an initiative last Spring calling for a public vote on any proposed use of city tax funds as an incentive for private development” per this OCR story last May. They were supported by Anaheim Mayor Tom Tait and former Councilmember Lorri Galloway.  But lacking the financial resources of, say, Jordan Brandman, the Initiative was unable to pay for signature gathering and failed to collect enough to qualify for the ballot.

Read the full story here:

http://ocpoliticsblog.com/anaheimers-need-to-vote-on-development-to-counter-council-corruption-and-incompetence/#more-8060